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U.S. v. Smith, 1:17-cr-00271. (2018)

Court: District Court, W.D. Michigan Number: infdco20180426c63 Visitors: 10
Filed: Apr. 10, 2018
Latest Update: Apr. 10, 2018
Summary: REPORT AND RECOMMENDATION ELLEN S. CARMODY , Magistrate Judge . Pursuant to W.D.Mich. LCrR. 11.1, I conducted a plea hearing in the captioned case on April 9, `, after receiving the written consent of defendant and all counsel. At the hearing, defendant Justin Owen Smith entered a plea of guilty to Count 1 of the Second Superseding Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count 1 of the Second Superseding Indictment, defendant is
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REPORT AND RECOMMENDATION

Pursuant to W.D.Mich. LCrR. 11.1, I conducted a plea hearing in the captioned case on April 9, `, after receiving the written consent of defendant and all counsel. At the hearing, defendant Justin Owen Smith entered a plea of guilty to Count 1 of the Second Superseding Indictment in exchange for the undertakings made by the government in the written plea agreement. In Count 1 of the Second Superseding Indictment, defendant is charged with conspiracy to distributre and to possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(A)(viii). On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.

I therefore recommend that defendant's plea of guilty to Count 1 of the Second Superseding Indictment be accepted, that the court adjudicate defendant guilty, and that the written plea agreement be considered for acceptance at the time of sentencing. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.

Source:  Leagle

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